 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Joiner Receives £170,000 Compensation in Successful Mesothelioma ClaimOur client, Mr F, was fit and active, working two days a week as a joiner and three days a week for a charity, when he was told that he was told he was suffering from the terminal condition mesothelioma, caused as a result of his exposure to asbestos. He was 59 years old at the time. It was a devastating blow as he had been in good health and was enjoying life. Mr F contacted us in October 2008 and asked us to investigate a compensation claim. His case was concluded and he received the balance of his compensation within five months of his initial telephone call to us.We succeeded in obtaining £170,000 compensation for Mr F in an out of court settlement. He received a part payment of his compensation in the sum of £50,000 in February 2009. He told us he nearly fainted when he received his cheque and that he was “over the moon”. We travelled to see Mr F in his home in Cambridgeshire and obtained details of his employment and exposure to asbestos. Mr F was employed by Rattee and Kett in the late 1960 and early 1970’s as a joiner and carpenter. His work brought him in to direct contact with asbestos dust. He regularly fixed asbestos tiles to the ceiling in boiler houses. He also worked in the vicinity of laggers who were mixing asbestos paste. We entered in to a ‘no win no fee’ agreement with Mr F and dealt with his claim as quickly as possible by making an application to the court to have his case dealt with as a priority. One of the features of Mr F’s case was a claim for his ‘lost years’. This is a claim for the income Mr F would have received until his natural death, less 50%, which it is estimated he would have spent on living expenses. Our opponents argued that the purpose of this type of claim is to provide for a person’s spouse or family dependants. As Mr F was unmarried and his daughter was grown up they argued he should not receive anything for this. We refused to accept this argument and were prepared to argue this point in court if our opponents did not make a reasonable offer to settle the case. Mr F’s diagnosis has completely changed his life. He has been forced to give up his self employed work. He has also cut down on his work for the local charity which he was particularly unhappy about, as he loved his job. He always wanted to be a carpenter and joiner and he took pride in this work. Prior to his illness he was a keen sailor but unfortunately he has had to sell his motor yacht due to his breathlessness and extreme exhaustion. Mr F’s mesothelioma has also affected the wider family. Before his illness he was providing a great deal of care and emotional support for his mother who has lost both her legs. He also visited his elderly aunt on a regular basis who relied on him to do various jobs around her home and for company. He is concerned about how they will manage without his help. Mr F praised our handling of his claim and said he was delighted with the outcome. Carolann Hepworth, partner in our Manchester office, said, “Unfortunately Mr F’s case is not unique, as recent statistics have shown that 1 in 17 British carpenters born in the 1940’s will die of mesothelioma. I was delighted to be able to recover compensation for Mr F. It is extremely sad that this terrible disease could have been prevented had his employers provided him with the appropriate warnings and protective equipment. ” To read our recent article on British Carpenters please click here. Further information: Notes John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness. The firm represented Alice Jefferson, a mesothelioma sufferer, whose illness and compensation claim against Cape Asbestos were featured in the important documentary "Alice: A Fight For Life." Shown by Yorkshire Television in July 1982, the programme was an important catalyst for legal change and public awareness of the plight of mesothelioma and other asbestos disease sufferers and a prompt for important legal reform. According to the British Lung Foundation, more than 2,000 people are diagnosed with mesothelioma every year in the UK and there is one mesothelioma death every five hours. The number of deaths from mesothelioma increased from 153 in 1968 to 1,969 in 2004 and is expected to peak at 2,450 between 2011 and 2015. The British Lung Foundation, supported by John Pickering and Partners LLP, launched the first Action Mesothelioma Day on 27th February 2006, to raise awareness about mesothelioma, to improve the treatment and care of mesothelioma patients, and to lobby for better funding for research into mesothelioma and for the protection and education of people working with asbestos.
|
Has your asbestos solicitor told you you don’t have a case? Would you like a second opinion without obligation? Please ring freephone
|
||||||||||||
|
||||||||||||||
